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Subject_1 Justiciary Cases Subject_2 29 and 30 Vict., cap. 117, sec. 14 (Reformatory Act 1866) Subject_3 Police Offence-Shouting and Bawling in the Streets. Facts: The 14th section of the Reformatory Act 1866 does not authorise burgh police magistrates to send to a reformatory school boys convicted of ordinary police offences which are not of a kind punishable with penal servitude or imprisonment.
In this case the suspender Thomas M'Guire, aged 15, had on 27th August 1881 been apprehended for breach of the peace by shouting and bawling in the streets of Galashiels. He was brought before the Burgh Police Court, and having Page: 73 ↓
Against this order of the magistrates M'Guire presented this bill of suspension and liberation, and argued—The enactment under which the magistrates made the order was never intended to apply to a case like the present, where the offence was only one of a police nature, and not one punishable by penal servitude.
Lord Justice-Clerk —I do not think that the clause of the statute was ever intended to apply to anything but the minor grades of great crimes. I think that we ought to affirm the conviction of ten days' imprisonment and quash the order of the magistrates.
Lord Craighill —I am of the same opinion. The term of imprisonment here is one thing, and the order of the magistrates is another. While the first is unimpeachable, I agree with your Lordships that the second cannot be listened to.
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